Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Maternity Protection Convention, 2000 (No. 183) - Lithuania (Ratification: 2003)

Article 4(4) of the Convention. Compulsory period of postnatal leave. With reference to its previous comments, the Committee notes that the amendments made to the Labour Code in December 2010 did not provide for the compulsory nature of maternity leave for a minimum period of six weeks after childbirth, in accordance with this provision of the Convention. The Committee observes, however, that by virtue of article 138(3) of the national Constitution, international treaties ratified by Lithuania shall be part of its legal system. Section 11 of the 1999 Law on International Treaties stipulates that such treaties must be executed and, if they establish other rules than the national laws, the provisions of the treaty shall be applied. In accordance with these provisions, sections 8(1) and (2) of the Labour Code also stipulate that “where international treaties establish rules other than those laid down in this Code and other labour laws of the Republic of Lithuania, the rules of international treaties to which the Republic of Lithuania is a party shall be applied. International treaties to which the Republic of Lithuania is a party shall be directly applied to employment relationships except in cases where international treaties provide that the application thereof requires a special regulatory act of the Republic of Lithuania”. The Committee asks the Government to confirm that, by virtue of these provisions of the national legislation, the Convention’s requirement of six weeks’ compulsory leave after childbirth “shall be directly applied to employment relationships” in Lithuania and that this leave is provided in practice. The Committee also requests the Government to instruct the Ministry of Social Security and Labour to issue an explanatory statement in this respect in order to avoid confusion and ensure legal certainty. The Committee considers that the Government may wish to amend the Labour Code so as to expressly prohibit employment of women during compulsory maternity leave in line with its international obligations.